HARRY HUGHES, Governor                                     1313

AN INDIVIDUAL WHO IS INVOLVED IN THE DECISION MAKING PROCESS
AND WHO IS PERSONALLY AWARE OF AN EX PARTE COMMUNICATION THAT IS
MADE IN VIOLATION OF SUBSECTION (A) OF THIS SECTION SHALL:

(1)  INCLUDE IN THE RECORD OF THE CONTESTED CASE:

(I)  EACH WRITTEN COMMUNICATION RECEIVED;

(II)  A MEMORANDUM THAT STATES THE SUBSTANCE OF
EACH ORAL COMMUNICATION RECEIVED;

(III)  EACH WRITTEN RESPONSE TO A COMMUNICATION;
AND

(IV)  A MEMORANDUM THAT STATES THE SUBSTANCE OF
EACH ORAL RESPONSE TO THE COMMUNICATION; AND

(2)  SEND TO EACH PARTY A COPY OF EACH COMMUNICATION,
MEMORANDUM, AND RESPONSE.

(C)  REBUTTAL.

A PARTY MAY REBUT AN EX PARTE COMMUNICATION IF THE PARTY
REQUESTS THE OPPORTUNITY TO REBUT WITHIN 10 DAYS AFTER NOTICE OF
THE COMMUNICATION.

(D)  REMEDIAL ACTION.

(1)  TO ELIMINATE THE EFFECT OF AN EX PARTE
COMMUNICATION THAT IS MADE IN VIOLATION OF SUBSECTION (A) OF THIS
SECTION, THE HEARING OFFICER MAY:

(I)  WITHDRAW FROM THE PROCEEDING; OR

(II)  TERMINATE THE PROCEEDING WITHOUT
PREJUDICE.

(2)  AN ORDER TO TERMINATE THE PROCEEDING WITHOUT
PREJUDICE SHALL STATE THE LAST DATE BY WHICH A PARTY MAY
REINSTITUTE THE PROCEEDING.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
254A.

In subsection (a)(2) of this section, reference to
"members of an advisory staff of the agency or any
counsel for the agency" is substituted for the former
reference to "members of an advisory staff, including
any agency legal counsel," which seemed to state,
unintentionally, that counsel must be a member of an
advisory staff.

In subsection (d)(1) of this section, the former
clause "if he deems it necessary" is deleted as
unnecessary in light of the word "may".